Ruston v. U.S.

Full title: LESTER JON RUSTON, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Oct 15, 2004

CIVIL ACTION NO. 3:04-CV-1522-G (N.D. Tex. Oct. 15, 2004)

Opinion

CIVIL ACTION NO. 3:04-CV-1522-G.

October 15, 2004

ORDER

A. JOE FISH, Chief Judge, District

Before the court is the petitioner's motion to dismiss his application for writ of habeas corpus. This motion was filed by the petitioner in response to the Findings, Conclusions and Recommendation of the United States Magistrate Judge (the "Findings") filed on September 28, 2004, wherein the magistrate judge recommended dismissing the claim for want of subject matter jurisdiction. In the instant motion, the petitioner admits that this court lacks subject matter jurisdiction over his claim.

After reviewing the Findings and the motion, this court adopted the Findings and entered a judgment dismissing the petitioner's claim. See generally Judgment entered on October 15, 2004.

Thus, the petitioner's motion to dismiss is DENIED as moot.

SO ORDERED.